by Saqib Khan | Jul 15, 2025 | Landlord and Tenant Law
When it comes to purchasing or selling a property, conveyancing is an important legal process that involves the transfer of the property’s ownership from the seller to the buyer. One crucial aspect of the conveyancing process is the need for deeds of variation.
Deeds of variation are legal documents that amend or alter the terms of the original agreement between the parties involved in a conveyancing transaction. These documents are typically used to modify the terms of a sale or purchase agreement, and they are essential to ensure that both parties are protected and that the transaction is completed smoothly.
The need for deeds of variation arises when there are changes to the terms of the original agreement, which can occur for several reasons. For example, the buyer may require a longer or shorter period to complete the purchase, or the seller may want to add or remove certain clauses from the agreement. In these situations, a deed of variation can be used to reflect the updated terms of the agreement and ensure that all parties are in agreement with the new terms.
In addition to modifying the terms of the agreement, deeds of variation are also essential for ensuring that the transaction is legally binding. These documents are typically drafted by solicitors, who ensure that the terms are clear and concise and that they comply with all relevant legal requirements.
Another important benefit of deeds of variation is that they can help to avoid future disputes or disagreements between the parties. By clearly setting out the updated terms of the agreement, deeds of variation can help to prevent misunderstandings and ensure that both parties are fully aware of their rights and obligations.
In conclusion, deeds of variation are an essential part of the conveyancing process, and they play a vital role in ensuring that transactions are completed smoothly, legally, and without any disputes. If you are involved in a conveyancing transaction, it is essential to work with a solicitor who can draft and advise you on the use of deeds of variation, ensuring that your interests are protected throughout the process.
Please call Hannah on 0161 850 9911 to discuss anything regarding Deeds of Variation.
by Saqib Khan | Jul 10, 2025 | Landlord and Tenant Law
When it comes to purchasing property with someone else, there are two main ways to own that property: as joint tenants or as tenants in common. Both types of ownership have their pros and cons, and it’s important to understand the differences so you can make an informed decision about which is right for you.
Joint tenancy is a type of co-ownership where all owners have equal rights to the property. When one owner dies, their share automatically passes to the remaining owners. This is known as the right of survivorship, and it means that the last surviving owner will inherit the entire property. Joint tenancy is often used by married couples or family members who want to ensure that their property passes directly to their partner or children without the need for probate.
Tenancy in common, on the other hand, is a type of co-ownership where each owner has a specific share of the property. These shares can be equal or unequal, and they can be bought or sold independently of the other owners. When one owner dies, their share passes to their heirs according to their will or state law. This means that the property can be inherited by multiple people, and it may need to be sold or divided among them.
So which is better: joint tenancy or tenancy in common? The answer depends on your individual circumstances and goals. Here are some factors to consider:
- Estate planning: If you want to ensure that your property passes directly to your partner or family members without the need for probate, joint tenancy may be the best option. However, if you have specific wishes about how your share of the property should be distributed after your death, or if you want to leave your share to someone who is not a joint tenant, tenancy in common may be a better choice.
- Ownership structure: Joint tenancy is often used by married couples or family members who want to own property together. However, if you are buying property with a business partner or friend, tenancy in common may be a better option because it allows you to have separate ownership interests and responsibilities.
- Financial considerations: If you are buying property with someone who has significantly more or less money than you do, tenancy in common may be a better choice because it allows you to divide ownership shares based on how much each person contributed. With joint tenancy, all owners have equal rights and responsibilities, regardless of how much they contributed.
- Management and control: Joint tenancy requires all owners to make decisions together, which can be a disadvantage if you have different ideas about how to manage the property. With tenancy in common, each owner has the right to manage and control their own share of the property, which can be beneficial if you want more control over your investment.
Ultimately, the decision to buy property as joint tenants or tenants in common depends on your individual circumstances and goals. It’s important to speak with one of our conveyancing solicitors on 0161 850 9911, or a financial adviser before making a decision to ensure that you fully understand the implications of each type of ownership.
by Saqib Khan | Jul 8, 2025 | Conveyancing, General, Landlord and Tenant Law
Leasehold residential properties are a common type of housing in many countries around the world. They are particularly popular in urban areas, where land is scarce and expensive. In this blog, we will discuss leases with regards to leasehold residential properties, including what they are, how they work, and some of the key issues that arise in relation to them.
What is a Leasehold Residential Property?
A leasehold residential property is a type of property where the owner of the property only owns it for a fixed period of time. This period is determined by the lease, which is a legal contract between the owner (known as the landlord) and the occupier (known as the tenant). The lease will set out the terms and conditions under which the tenant can occupy the property, including the rent that they will pay, the length of the lease, and any other obligations that they may have.
How do Leasehold Residential Properties Work?
Leasehold residential properties work by giving the tenant the right to occupy the property for the length of the lease. During this time, they will be responsible for paying rent to the landlord and complying with any other obligations set out in the lease. These may include things like keeping the property in good condition, not making any alterations without the landlord’s permission, and not using the property for any illegal purposes.
At the end of the lease, the property will typically revert back to the landlord, unless the tenant is able to renew the lease or purchase the freehold. This can create uncertainty for tenants, particularly those who have invested a lot of time and money into improving the property.
Key Issues with Leasehold Residential Properties
One of the main issues with leasehold residential properties is the cost of ground rent and service charges. Ground rent is an annual fee that the tenant pays to the landlord for the use of the land on which the property is built. Service charges are fees that the tenant pays to cover the cost of maintaining the common areas of the property, such as the communal gardens or lifts.
In some cases, these fees can be very high, particularly if the landlord has sold the freehold to a third-party company. This can make it difficult for tenants to afford the cost of living in the property, and can also make it harder for them to sell the property when they want to move on.
Another issue with leasehold residential properties is the difficulty of making alterations to the property. Many leases will require the landlord’s permission before any alterations can be made, and this can be a slow and bureaucratic process. This can make it hard for tenants to make the property their own, and can also reduce the value of the property if potential buyers are put off by the restrictions.
Conclusion
Leasehold residential properties are a common type of housing in many countries around the world. They offer tenants the right to occupy a property for a fixed period of time, but can create uncertainty and financial challenges due to the cost of ground rent and service charges. Tenants may also face restrictions on making alterations to the property, which can reduce its value and make it harder to sell. If you are considering buying or renting a leasehold residential property, it is important to carefully review the terms of the lease and seek legal advice if necessary. Please call our conveyancing department on 0161 850 91 and speak to Hannah to discuss any lease concerns you may have.
by Saqib Khan | Jul 3, 2025 | Landlord and Tenant Law
In recent decades, the UK has made significant strides in advancing the rights of LGBTQ+ individuals and couples. Civil partnerships, same-sex marriage, and anti-discrimination legislation have all helped to improve legal protections. However, when it comes to cohabitation—especially regarding property rights—many LGBTQ+ couples are still surprised by how little the law actually protects them.
At KhanMather, we believe it’s vital for all couples, regardless of sexual orientation or gender identity, to understand their legal position—particularly when they are living together outside of marriage or civil partnership.
What is Cohabitation?
Cohabitation refers to a living arrangement where a couple lives together in a long-term relationship without being legally married or in a civil partnership. This is increasingly common across all demographics, including LGBTQ+ couples. However, despite the social recognition of such relationships, the law does not grant cohabiting couples the same rights as married couples or civil partners.
The Myth of the “Common Law Partner”
A widespread misconception is that after living together for a certain number of years, cohabiting couples become “common law” spouses and gain similar legal rights to married couples. This is simply not true under English and Welsh law. No matter how long you’ve lived together, there is no automatic right to your partner’s property, pension, or finances unless you are married or in a civil partnership.
What Rights Do Cohabiting LGBTQ+ Couples Have?
For LGBTQ+ couples who are cohabiting, legal protections are limited and often depend on ownership and contributions. Key considerations include:
- Property Ownership
If the home is in one partner’s name, the other partner usually has no automatic legal right to it, even if they have contributed to mortgage payments or renovations. You may have a claim under trust law, but such claims are complex and can be costly to pursue.
If the home is jointly owned, the nature of that ownership—whether it’s a joint tenancy or tenancy in common—will determine each partner’s share.
- Financial Contributions
A partner who has contributed financially to a property they do not legally own may have a potential claim under the principle of a constructive trust or proprietary estoppel. However, these claims require clear evidence of contribution and/or reliance and can be difficult to establish.
- Children
If the couple has children, legal rights and responsibilities are largely the same regardless of sexual orientation, but specific issues (e.g., parental responsibility, adoption, or donor conception) may require legal clarity.
What the Law Does Not Protect
- Automatic inheritance: A cohabiting partner has no right to inherit if their partner dies intestate (without a will), unless they jointly own property.
- Pensions and benefits: Entitlements under pensions or death-in-service benefits may not be automatic and may require formal nomination.
- Next of kin: Cohabiting partners may not automatically be recognised as next of kin in medical or legal situations.
How to Protect Yourself: Legal Tools for LGBTQ+ Cohabiting Couples
While the law is lacking in protections, there are steps LGBTQ+ couples can take to protect themselves and each other:
- Cohabitation Agreement
A legal document that outlines who owns what and how property, finances, and responsibilities will be dealt with if the relationship ends. This can help avoid costly disputes down the line.
- Declaration of Trust
If you’re buying a property together, a declaration of trust can specify how ownership is shared and what happens if you separate.
- Making a Will
Ensure that your partner inherits according to your wishes by writing a valid will. Without one, they may be left with nothing.
- Lasting Power of Attorney (LPA)
An LPA allows your partner to make decisions on your behalf if you become unable to do so, ensuring your wishes are respected in health or financial matters.
The Need for Reform
There have been repeated calls to introduce greater legal recognition for cohabiting couples in the UK. While the law does not discriminate based on sexual orientation, it currently fails to provide adequate protection to all cohabiting couples—LGBTQ+ and heterosexual alike—leaving many vulnerable in the event of relationship breakdown or death.
How KhanMather Can Help
At KhanMather, we are committed to promoting equality and clarity in the law. Our team can assist LGBTQ+ couples with:
- Setting up declarations of trust
- Writing wills and LPAs
- Resolving disputes around property and finances
If you are in a cohabiting relationship and want to understand or protect your legal position, contact our expert property law team today.
by Saqib Khan | Jun 12, 2025 | Conveyancing, General, Landlord and Tenant Law
Recent headlines reveal a significant trend in the UK rental market: nearly half of landlords are reportedly planning to increase rents ahead of the impending rental reforms. This news, while perhaps not entirely surprising, highlights the complex landscape facing both landlords and tenants as significant legislative changes approach.
At KhanMather, we understand that these developments can create uncertainty and concern. As a law firm committed to providing clear, practical advice, we aim to shed light on what these planned rent increases mean and how both parties can navigate the evolving legal framework.
The Driving Force: Impending Rental Reforms
The anticipated increase in rents is largely a pre-emptive response to the Renters’ Rights Bill, which is set to bring about the most significant changes to the private rented sector in decades. Key reforms include:
- Abolition of Section 21 “no-fault” evictions: This is arguably the most impactful change, giving tenants greater security of tenure and empowering them to challenge poor practices without fear of arbitrary eviction.
- Move to periodic tenancies: All assured shorthold tenancies will become periodic, meaning tenants can stay indefinitely unless a landlord has a valid, specified ground for possession.
- Restrictions on rent increases: Landlords will generally be limited to one rent increase per year, which must be in line with the market rate. Tenants will have the right to challenge excessive increases at a First-tier Tribunal.
- New Landlord Ombudsman and Private Rented Sector Database: These measures aim to provide better dispute resolution and greater transparency in the sector.
- Application of the Decent Homes Standard: All rental properties will need to meet minimum quality standards.
Why Are Landlords Increasing Rents Now?
The news that 44% of Buy-to-Let landlords intend to raise rents, with an average increase of 6%, suggests several motivations:
- Anticipation of reduced flexibility: With the abolition of Section 21 and the shift to periodic tenancies, landlords may feel they will have less control over their properties and the ability to adjust rents to market rates as frequently. Increasing rents now allows them to secure a higher income before these new limitations come into full effect.
- Covering increased costs: Landlords face rising operational costs, including increased mortgage interest rates, maintenance expenses, and potential new compliance costs associated with the reforms. Higher rents can help offset these pressures.
- Addressing market rates: While the Bill limits future increases to once a year at market rate, some landlords may feel their current rents are below market value and are seizing the opportunity to align them before new regulations are fully implemented.
- Uncertainty and risk mitigation: The sheer scale of the reforms introduces an element of uncertainty. Some landlords may be increasing rents as a form of risk mitigation, ensuring a stronger financial position as they adapt to the new legal landscape.
Implications for Tenants
For tenants, the prospect of increased rents adds another layer to the ongoing cost of living crisis. While the reforms are designed to offer greater protections, the immediate impact for many could be higher housing costs. It is crucial for tenants to understand their rights, particularly regarding challenging excessive rent increases once the new legislation is in place.
Navigating the Changes: Our Advice
For Landlords:
- Stay informed: The Renters’ Rights Bill is progressing, and understanding its nuances is critical. Keep abreast of the latest updates and the precise implementation timelines.
- Review your portfolio: Assess your current rental agreements and consider how the new periodic tenancy structure will impact your properties.
- Understand possession grounds: Familiarise yourself with the expanded Section 8 grounds for possession. Effective tenant management and thorough record-keeping will become even more vital.
- Ensure compliance: Proactively work towards meeting the Decent Homes Standard and prepare for mandatory registration with the Private Rented Sector Database.
- Seek legal advice: If you are considering rent increases or are unsure about any aspect of the upcoming reforms, professional legal advice is invaluable to ensure compliance and avoid future disputes.
For Tenants:
- Understand your tenancy agreement: Know your current terms and conditions.
- Be aware of your rights: Once the Renters’ Rights Bill is enacted, you will have greater protection against arbitrary evictions and the ability to challenge unreasonable rent increases.
- Keep clear records: Document all communications with your landlord, particularly regarding rent increases or property maintenance issues.
- Know where to seek help: If you believe a rent increase is unfair or you are facing other issues, be aware of the resources available to you, including the new Landlord Ombudsman.
KhanMather: Your Partner in the Evolving Rental Landscape
The UK rental market is undergoing a significant transformation. At KhanMather, our experienced legal team is dedicated to helping both landlords and tenants understand and navigate these changes. Whether you require advice on compliance, tenancy agreements, dispute resolution, or simply want to ensure you are fully prepared for the new era of renting, we are here to offer clear, practical, and effective legal solutions.
Don’t let uncertainty lead to costly mistakes. Contact Hannah at KhanMather today on 0161 850 9911 for tailored legal guidance on the Renters’ Rights Bill and its impact on your property interests.
by Saqib Khan | May 27, 2025 | Conveyancing, General, Landlord and Tenant Law, People
Buying a home is a significant life event. If you are considering a leasehold property, it is crucial to fully understand the implications of this form of ownership. At KhanMather, our Residential Property Solicitors are dedicated to guiding you through the intricacies of freehold, leasehold, and commonhold titles, empowering you to make confident and informed decisions when purchasing your new home.
What Does ‘Leasehold’ Mean?
Leasehold remains a prevalent form of property title in England and Wales, particularly in regions such as the North West, where 27% of properties are leasehold, and London, with 36%.
Unlike freehold ownership, where you purchase both the building and the land it occupies, leasehold means you acquire ownership of the building for a fixed period, known as the lease term. During this term, you “lease” the property from the freeholder, who retains ownership of the underlying land.
The parties involved in a leasehold agreement typically include:
- Leaseholder (Tenant): You, as the owner of the property for the lease term.
- Freeholder (Landlord): The owner of the land on which the property is built.
- Management Company (Optional): A separate entity responsible for maintaining common areas.
Lease terms commonly range from 99, 125, 250, to 999 years. It is vital to monitor the remaining years on your lease, as the property’s value diminishes significantly as the term shortens. Mortgage lenders generally show reluctance to lend on properties with fewer than 80 years left on the lease. Upon expiry, ownership reverts to the freeholder unless the lease is formally extended.
Common Leasehold Terms
When considering a leasehold property, you will encounter specific financial and operational terms:
- Ground Rent: This is an annual payment made to the freeholder as a condition of the lease, distinct from payments for services. Historically nominal, some modern leases incorporate “escalating” ground rent clauses, leading to substantial increases over time. Recognising these concerns, legislation enacted in July 2022 prevents the creation of new leases with ground rents exceeding a peppercorn (a nominal sum). The future treatment of existing leases with escalating ground rent clauses remains a subject of ongoing legal discussion.
- Service Charge: In addition to ground rent, leaseholders often contribute to a service charge. These payments, made to the landlord or a designated management company, cover the maintenance of communal facilities such as shared entrances, staircases, gardens, courtyards, or car parks. When viewing a property that may incur a service charge, we recommend requesting a copy of the service charge budget to assess the level of charge and factor it into your overall budget.
Restrictions and Covenants
Leases commonly contain restrictions, known as covenants, which can be more stringent than those associated with freehold properties. It is imperative to review the lease thoroughly to understand what you can and cannot do with the property. Common restrictions include:
- Prohibitions on external or structural alterations, including extensions, without the consent of the freeholder or management company.
- Limitations on pets, potentially requiring consent from the freeholder or management company.
- Restrictions on sub-letting the property without the consent of the freeholder or management company.
Extending the Lease or Purchasing the Freehold
Recent legislative changes have removed the minimum ownership period previously required before a leaseholder could approach the freeholder to purchase the freehold or extend their lease.
Under the Leasehold Reform Act 1967, leaseholders of houses have the statutory right to acquire the freehold interest, a process known as enfranchisement. While some freeholders may agree to sell their interest voluntarily, others necessitate a formal claim and adherence to a statutory procedure. Seeking professional legal advice is crucial to navigate this process effectively and understand the potential costs involved.
What is Commonhold?
Introduced by the Commonhold and Leasehold Reform Act 2002, commonhold offers an alternative to the traditional long leasehold system. Although its initial reception by mortgage lenders and developers limited its widespread adoption, new proposals aim to revitalise commonhold, enhancing the structure and management of multi-occupancy developments or estates.
In theory, commonhold enables individual unit owners (e.g., houses or flats within a larger building) to own the freehold of their specific unit. A “commonhold association,” comprising the individual unit owners, would be formed and registered at Companies House. This association would own and manage the common parts of the building and estate, such as entrances, communal gardens, car parks, and the building’s structural elements.
Instead of a lease, a “commonhold community statement” would define the rights of individual unit owners to use common areas and establish their mutual responsibilities. A “commonhold assessment,” similar to a service charge, would be paid to contribute towards maintenance costs.
Further legislation is anticipated to make commonhold a more widely utilised structure, and we are closely monitoring these developments to provide our clients with the most up-to-date advice.
If you have any questions, p[lease telephone Hannah on 0161 850 9911.
